FOI requestregarding your DPO

Clemenetine made this Freedom of Information request to Nursing and Midwifery Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Nursing and Midwifery Council,

I would like the following questions answered -

Do you have a DPO?
What is the salary grade of your DPO?
How was your DPO recruited?
Is your DPO an interim or full time member of staff?
Does your DPO hold any other position within your organisation?

Please send me a copy of the advert you used to advertised for this post

Yours faithfully,
Tanwa Ibrahim

Foi & Dpa Request, Nursing and Midwifery Council

Thank you for your email.

 

We acknowledge receipt of your request.  

 

The statutory timeframe for responses are:  

 

20 working days - Freedom of Information requests.

 

30 days -  Data Subjects Rights Requests (under the GDPR)  

 

If you need the information in an alternative format, we will do all we
reasonably can to help.

 

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To learn more about how we use this information, please read our
[1]Privacy Notice.

 

Thank you.  

 

Freedom of Information & Data Protection Officers

Records and Archives Team  

Nursing and Midwifery Council

23 Portland Place

London

W1B 1PZ  

The Nursing and Midwifery Council uses email and file encryption service -
Egress Switch to secure sensitive information. [2]http://www.egress.com/

 

 

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Simon Baker, Nursing and Midwifery Council

1 Attachment

EMAIL [1][FOI #497642 email]

 

Ref no: FOI/2018/264

 

 

13^th August 2018

 

 

Dear Tanwa Ibrahim,

 

Freedom of Information Request

 

Thank you for your request for information from the Nursing and Midwifery
Council (NMC). Your request was received on 16^th July 2018 and dealt with
under the terms of the Freedom of Information Act 2000 (FOI Act).

 

You have asked for the following information:

 

                        ‘Do you have a DPO?

                                

                                 What is the salary grade of your DPO?

                                

                                 How was your DPO recruited?

                                

                                 Is your DPO an interim or full time
member of staff?

                                

                                 Does your DPO hold any other position
within your organisation?’

 

                                 Please send me a copy of the advert  you
used to advertised for this post’

 

 

Response

 

Please see the answers to each of your questions as below:

 

Do you have a DPO?  - Yes

 

What is the salary grade of your DPO? -  This is third party personal data
which will be exempt from disclosure under s40(2) FOI Act. Please see a
fuller explanation below.*  

 

How was your DPO recruited? -  The responsibilities were assigned to an
existing member of staff.

 

Is your DPO an interim or full time member of staff? -  The post-holder is
a full time , permanent member of staff.

 

Does your DPO hold any other position within your organisation? -  Yes,
the DPO also holds the position of Information Assurance Manager.

 

Please send me a copy of the advert  you used to advertised for this post
– You will find a copy of the advert used to advertise this post attached
in a separate document to this email. Please note however, that this
advert was used in a recruitment exercise which was not successful in
recruiting a suitable candidate. The role was later assigned to an
existing member of staff.

 

 

 

 

 

*Reasoning for Application of s40(2) FOIA to request for the salary grade
of the DPO

 

Section 40(2) of the Freedom of Information Act 2000 (FOIA) provides that
information is exempt from disclosure if it is the personal data of an
individual other than the requester and where one of the conditions
listed in sections 40(3) or 40(4) is satisfied.

Under Chapter 1, Article 4 of the General Data Protection Regulation
(GDPR), personal data means information relating to an identified or
identifiable natural person.

 

As stated above, in order to decide whether this personal data is exempt
from disclosure, we must consider whether the relevant conditions listed
in section 40(3) or (4) FOIA apply. In this case the relevant condition is
contained in section 40(3)(a)(a). This applies where the disclosure of the
information to any member of the public would contravene any of the data
protection principles.

 

The data protection principles are described in Chapter 2 of the GDPR.
Under Article 5 GDPR they require that data is processed fairly and
lawfully, and under Article 6 that  the data subject has consented to the
data being processed.  If it is particularly sensitive information, under
Article 9 consent must have been given to its processing by the data
subject; or the processing of the data must be strictly necessary for a
specific purpose.

 

We consider that to disclose this data would contravene the data
protection principles referred to above.  The personal data requested is
information related to the salary of an identifiable living individual and
we believe that the disclosure of this information could lead to the
identification of the data subject, who has a reasonable expectation that
their personal data would not be disclosed.  The data subject has not
consented to their data being processed in this way and nor is the data
sensitive information the processing of which is  strictly necessary for a
specific purpose under Article 9.

 

Therefore, to ensure that we are acting fairly and lawfully to avoid
breach of data protection principles, we will not be disclosing the salary
grade of the DPO in this instance.

 

 

 

 

End of Response.

 

If you are not satisfied with the way we have dealt with your request for
information under the FoIA, in accordance with the Statutory Code of
Practice issued under s. 45 FoIA, you may complain to the NMC. You should
submit any complaint in writing within 28 days to:

Clementine Adewunmi
Records and Archives Manager
Nursing and Midwifery Council
23 Portland Place
London
W1B 1PZ

This will be investigated in line with our internal complaints procedure.
If you are not satisfied with the outcome, you should then contact the
Information Commissioner (as an appeal under s. 50 FoIA) by writing to:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113 (local rate) or

Tel: 01625 545 745

Yours sincerely,

 

Simon Baker

Records and Archives Officer

Business Delivery and Technology Services Directorate

020 7681 5845

Nursing and Midwifery Council
23 Portland Place
London W1B 1PZ
[2]http://www.nmc.org.uk/

020 7637 7181 (switchboard)

 

 

 

 

 

 

 

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